5 March 2012 - 18 September 2013

Gillard Government Progresses Trust Reforms

Today the Government has released a discussion paper which invites stakeholder views on options for a more workable approach for fixed trusts.

The discussion paper considers a number of options for reform, including modifying or replacing the existing definition of 'fixed trust'.

"The options canvassed in the discussion will address some of the issues of uncertainty and complexity for taxpayers created by the current approach to the taxation of fixed trusts," said Mr Bradbury.

The Government is also progressing the broader trust reform agenda to modernise the taxation of trust income. On 21 November 2011, the Government released an initial consultation paper which canvassed a number of options for reforming the taxation of trusts, drawing on the expertise of the private sector through the Tax Design Advisory Panel and the Board of Taxation.

The Government received substantial feedback from interested stakeholders following the release of this paper and an extensive community consultation process.

Following feedback from stakeholders during this process, the Government will also be amending the proposed start date for the broader reform of trust income taxation from 1 July 2013 until 1 July 2014.

"The Government has listened to the message from consultations that a later start date is preferred, allowing more time to develop the law, and for industry to prepare for changes," said Mr Bradbury.

The Government will release a policy design paper in September which will further develop options for a model for the taxation of trusts.

The new tax system for managed investment trusts will now also have a start date of 1 July 2014, to coincide with the general update and rewrite of the trust provisions.

In announcing this revised start date for the new tax system for managed investment trusts, the Government will also extend the interim streaming rules for managed investment trusts, introduced in 2011, for a further two years to 1 July 2014.

The fixed trust discussion paper is available on the Treasury website. Submission close on 14 September 2012.

30 July 2012

Revised Consultation Timetable for Trust Reforms

Steps

Indicative timeframes

Release of fixed trust discussion paper

July 2012

Release of Division 6 policy design paper

September 2012

Ongoing managed investment trust consultation

August – November 2012

Division 6 consultation roundtables (before close of public submissions)